If you’re involved in a personal injury claim, you may have the option of filing a personal injury lawsuit if you can’t successfully settle the claim with the insurance company. Many people are leary of the process and want to know what to expect. A car accident lawyer is here to share more information with you so that you will know what to expect.
This blog post is for educational and informational purposes only. It is not meant to be a substitute for legal advice. If you have specific questions related to a potential lawsuit, schedule a consultation with an experienced attorney in your area.
Key Stages Of A Personal Injury Lawsuit
Facing a personal injury lawsuit can be daunting. If you’ve never been involved in a lawsuit, it’s hard to know what to expect. The objective of our friends at Herschensohn Law Firm, PLLC is to explain some of the key stages of a personal injury lawsuit so that you are better educated and have less fear surrounding the idea of going to court.
Some of the key stages to a personal injury lawsuit include and may not be limited to:
- Going In For A Consultation. You will discuss the details of your accident, your injuries, and learn about any potential legal options you may have. Most personal injury attorneys work on a contingency fee basis. This means that you don’t pay them unless they successfully resolve your claim. However, be sure to ask ahead of time what their fee structure is and if their consultations are free.
- Investigating Your Claim. This may include obtaining a copy of the police report, gathering your medical records, taking witness statements, and securing photos of the accident and damages. Your lawyer will help you through this process.
- Preparing And Filing Your Complaint. The lawsuit doesn’t officially begin until a complaint is filed with the appropriate court. The complaint is a document that details your legal claims and asks for relief of some kind. In a personal injury case the relief sought is money.
- Going Through The Discovery Process. With the discovery process, you and the other party will exchange information using a variety of legal tools, such interrogatories, and requests for production of documents.
- The Settlement Process. Although you’ve filed a complaint with the court, your attorney may continue or start the settlement process. If the case resolves with a settlement, trial can be avoided.
- Pretrial. During pretrial proceedings, both sides may submit various motions or try to exclude certain pieces of evidence.
- Going To Trial. If a settlement was not reached, you will prepare to go to trial. During the trial, both parties present their evidence and argue their points before the judge or a jury.
- Getting A Verdict And Judgement. The judge or the jury will decide the verdict and judgement after hearing both sides. This means that the judge or jury will decide who is liable for the accident and how much compensation should be paid out.
These are just the basics in a case, and each case is unique. For help on your situation, contact an attorney near you.
